SRI SAI FIRE WORKS INDUSTRIES Vs. SUBBULAKSHMI

JUDGEMENT

(1.) The instant Appeal has been filed by the Owner of the vehicle challenging the Order of Pay and Recovery.

(2.) The injured Claimant had filed the Claim Petition contending that she was travelling as a Passenger in a Mahindra Van owned by the Appellant Fire Works Industry and insured with New India Assurance Company Limited. While she was travelling in the said Van, a Lorry owned by the third Respondent and insured with the fourth Respondent had come from the opposite direction and dashed against the vehicle, in which she had sustained grievous injuries. She filed the above said Claim Petition seeking a Compensation of Rs.10,00,000..00

(3.) The Tribunal after considering Exhibit P1-FIR and Exhibit R1 Policy arrived at a finding that, the seating capacity is 14 Passengers along with one Driver. However, at the time of accident, 18 Passengers have travelled in the said Van. Since there is violation of Policy conditions, the Tribunal has proceeded to pass an Order of pay and recovery. The Tribunal has fixed the Award amount at Rs.6,68,750..00 Challenging the Order of pay and recovery, the Owner of Mahindra Van has filed the present Appeal.